NOTIFICATION
RECE~VEDCLERK’S OFFICE
COMPLAINT
FAILURE TO OBTAIN CONSTRUCTION PERMITS

CLERK’S OFFV~E

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAR

200k

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

vs.

No

THE FIELDS OF LONG GROVE HOME OWNER’S

)

 (Enforcement)

ASSOCIATION,

 an Illinois corporation,

Respondent.

To:

 Ms. Karen Grandt

The Fields of~Long Grove Home Owner’s Association

4624 RFD

Long Grove,

Il.

60047

NOTICE OF FILING

PLEASE TAKE NOTICE that we have today, March 18,

 2004 filed

with the Office of the Clerk of the Illinois Pollution Control

Board an original and nine copies of our Complaint,

 a copy of

which is attached herewith and served upon you.

Failure to file an answer to this complaint within

 60 days

may have severe consequences.

 Failure to answer will mean that

all allegations in the complaint will be taken as if admitted for

purposes of this proceeding.

 If you have any questions about

this procedure, you should contact the hearing officer assigned

to this proceeding,

 the clerk’s office or an attorney.

NOTIFICATION

YOU ARE HEREBY NOTIFIED that financing may be available

through the Illinois Environmental facilities financing act

20

ILCS 3515/1 et

seq.

 to correct the alleged pollution.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General of the

St~.teof Illinois

BY:

~

PAULA BECKER WHEELER

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

~

 Fir.

Chicago,

 IL 60601

 (312)

 814-1511

THIS DOCUMENT IS PRINTED ON RECYCLED PAPER

RECE~VED

CLERK’S OFFICE

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

MAR

182004

STATE OF ILLINOIS

PEOPLE

THE

STATE

ILLINOIS,

)

PolIuUon

Control Board

Complainant,

vs.

THE

FIELDS

LONG

GROVE

HOME

OWNER’S

)

(Enforcement)

ASSOCIATION,

Illinois

corporation,

)

Respondent.

COMPLAINT

The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,

Attorney General of the State of Illinois,

 complains of the

Respondent,

 THE FIELDS OF LONG GROVE HOME OWNER’S ASSOCIATION,

an

Illinois corporation,

 as follows:

COUNT I

FAILURE TO OBTAIN CONSTRUCTION PERMITS

This

Count

brought

behalf

 of the PEOPLE OF THE

STATE

ILLINOIS,

LISA

MADIGAN,

Attorney

General

 the State

Illinois,

her

own

motion

and

the

request

the

Illinois

Environmental Protection Agency

 (“Illinois EPA”), pursuant to the

terms and provisions of Section 31 of the Illinois Environmental

Protection Act

 (“Act”)

 415 ILCS 5/31

 (2002)

 to restrain ongoing

violations of the Act and for civil penalties.

2.

 The Illinois EPA is an administrative agency of the

State of Illinois,

 created pursuant to Section

 4 of the Act,

415

ILCS 5/4

 (2002),

 and charged,

 inter alia,

with the duty of

enforcing the Act.

3.

 At all times relevant to this complaint,

 Respondent,

THE FIELDS OF LONG GROVE HOME OWNER’ S ASSOCIATION

(

“FOLG”), was

and is an Illinois corporation located in Long Grove,

 Lake

County,

 Illinois, doing business in the State of Illinois.

 FOLG

is located in south-central Lake County,

 northeast

 of Lake

Zurich,

 Illinois.

4.

 At all times relevant to this complaint,

 FOLG was and

is a privately owned utility company that operates a public water

supply

 (“PWS”)in the County of Lake,

 Illinois.

 It services

approximately 267 consumers through 89 direct connections.

5.

 FOLG currently obtains water from three wells. The

water

 is disinfected with chlorine, passes into two

hydropneumatic storage tanks, and then enters the distribution

system.

6.

 Respondent’s operation of the utility is subject to the

Act and the Rules and Regulations promulgated by the Illinois

Pollution Control Board

 (“Board”)

 and the Illinois EPA.

The

Board’s regulations for public water supplies are found in title

35, Subtitle

F,

 Chapter I of the Illinois Administrative Code

(“Board Regulations for Public Water Supplies”),

 and the Illinois

EPA rules and regulations for public water supplies are found in

Title 35,

 Subtitle

F,

 Chapter II of the Illinois Administrative

Code

 (“Illinois EPA Regulations for Public Water Supplies”)

7.

 Section 15(a)

 of the Act, 415 ILCS 5/15(a)

 (2002),

provides as

 follows:

(a)

 Owners of public water supplies,

 their authorized

representative,

 or legal custodians,

 shall submit

plans and specifications to the Agency and obtain

written approval before construction of any

proposed public water supply installations,

changes, or additions is started. Plans and

specifications shall be complete and of sufficient

detail to show all proposed construction, changes,

or additions that may affect sanitary quality,

mineral quality, or adequacy of the public water

supply;

 and, where necessary,

 said plans and

specifications shall be accompanied by

supplemental data as may be required by the Agency

to permit

 a complete review thereof.

8.

 Section 18(a)

 of the Act, 415 ILCS 5/18

 (a) (2002),

provides as follows:

a.

 No person shall:

1.

 Knowingly cause,

 threaten or allow the

distribution of water from any public water supply

of such quality or quantity as to be injurious to

human health; or

2.

 Violate regulations or standards adopted by

the Agency pursuant to Section 15

(b)

 of this Act

or by the Board under this Act; or

3.

 Construct,

 install or operate any public water

supply without

 a permit granted by the Agency, or

in violation of any condition imposed by such a

 permit.

9.

 Section 602.101(a)

 of the Board’s Regulations for

Public Water Supplies,

35

 Ill. Adm. Code 602.101(a), provides as

follows:

(a)

 No person shall

 cause or allow the construction of

any new public water supply installation or cause

or allow the change of or addition to any existing

public water supply, without a construction permit

issued by the Environmental Protection Agency

(Agency).

 Public water supply installation,

change,

 or addition shall not include routine

maintenance, service pipe connections, hydrants

and valves, or replacement of equipment,

 pipe, and

appurtenances with equivalent equipment,

 pipe,

and

appurtenances.

10.

 Sections 3.315 and 3.365 of the Act, 415 ILCS 5/3.315,

and 5/3.365

 (2002),

 respectively, provide the following

definitions:

“PERSON” is any individual, partnership, co-

partnership,

 firm,

 company, limited liability

company,

 corporation,

 association,

 joint

stock company, trust,

 estate,

 political

subdivision,

 state agency,

 or any other legal

entity, or their legal representative,

 agent

or assigns.

“PUBLIC WATER SUPPLY” means all mains, pipes

and structures through which water

is

obtained and distributed to the public,

including wells and well structures,

 intakes

and cribs, pumping stations, treatment

plants,

 reservoirs,

 storage tanks and

appurtenances, collectively or severally,

actually used or intended for use for the

purpose of furnishing water for drinking or

general domestic use and which serve at least

15 service connections or which regularly

serve at least 25 persons at least

 60 days

per year.

 A public water supply is either a

“community water supply” or a “non-community

water supply”.

11.

 Respondent

 is a “person”

 as that term is defined in

Section 3.315

 of the Act, 415 ILCS 5/3.315 (2002)

12.

 FOLG is also a “public water supply”

 as that term is

defined in Section 3.365 of the Act,

 415 ILCS 5/3.365 (2002)

13.

 On February 25,

 2003,

 Respondent was operating at the

utility a phosphate feed system which had been installed without

any construction permit and without submission of any plans and

specifications to the Agency.

14.

 In addition,

 on February 25,

 2003,

 Respondent was

operating a chlorine chemical feed system with a chlorine

chemical solution tank which had been installed without any

construction permit and without any submission of plans and

specifications to the Agency.

15.

 On February 26,

 2003,

 FOLG applied for a construction

permit for the phosphate feed system, and submitted,

 for the

first time, plans and specifications.

16.

 On March 12,

 2003,

 the Agency denied the application

because the submittal failed to meet the minimum design standards

and the project was already constructed.

17.

 On April

6,

 2003,

 the Respondent submitted additional

information for the phosphate feed construction permit, but was

again denied for failure to meet minimum design standards.

Eventually,

 at a time better known to Respondent, Respondent

dismantled the phosphate feed equipment.

18.

 After February 25,

 2003, but before the filing of this

complaint,

 on a date better know to the Respondent,

the

Respondent dismantled the unpermitted chlorine chemical solution

tank,

 and replaced it with a properly permitted tank.

5

19.

 Respondent,

 by its actions as alleged herein,

has

violated Sections 15(a)

 and 18(a)

 of the Act,

 415 ILCS 5/15(a),

18(a) (2002), and Section 602.101(a)

 of the Board Regulations for

Public Water Supplies,

35

 Ill. Adm.

 Code 602.101(a).

WHEREFORE,

 Complainant,

 PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order against

Respondent,

 THE FIELDS OF LONG GROVE HOME OWNER’S ASSOCIATION on

this Count

I:

A.

 Authorizing a hearing in this matter at which time the

Respondent will be required to answer the allegations herein;

B.

 Finding that Respondent has violated Sections 15(a)

and

18(a)

 of the Act, 415 ILCS 5/15 (a)

 18(a) (2002)

 and Section

602.101(a)

 of the Board Regulations for Public Water Supplies,

35

Ill. Adm. Code 602.101(a);

C.

 Ordering Respondent to cease and desist from any

further violations of Sections

 15(a)

 and 18(a)

 of the Act,

415

ILCS 5/15(a),

 18(a) (2002),

 and Section 602.101(a)

 of the Board

Regulations for Public Water Supplies,

35

 Ill. Adm. Code

602.101(a);

D.

 Assessing a civil penalty of Fifty Thousand Dollars

($50,000) against Respondent for each violation of the Act and

pertinent regulations, and an additional civil penalty of Ten

Thousand Dollars. ($10,000)

 for each day of violation;

E.

 Ordering Respondent to pay all costs, pursuant to

Section 42(f)

 of the Act, including attorney, expert witness, and

consultant fees expended by the state in its pursuit of this

action;

and

F.

 Granting such other relief asthe Board deems

appropriate and just.

COUNT

FAILURE TO OBTAIN OPERATING PERMITS

1-16. Complainant realleges and incorporates by reference

herein Paragraphs

 1 through

6,

 8, and 10 through 18 of Count

 I as

Paragraphs

 1 through 16 of this Count

II.

17.

 As of February 25,

 2003,

 or before, Respondent had

completed the construction of the phosphate feed system and the

chlorine feed system and put them into operation without any

proper operating permits.

18.

 Section 602.102 of the Board Regulations for Public

Water Supplies,

35

 Ill. Adm.

 Code 602.102, provides as follows:

Operating Permits

No owner or operator of a public water supply shall

cause or allow the use

 or, operation of any new public

water supply, or any new addition to an existing

supply,

 for which a Construction Permit

 is required

under this Part,

 without an Operating Permit issued by

the Agency.

19.

By

failing to secure operating permits for the

phosphate feed system and the chlorine feed system, Respondent

has violated Section 18(a)

 of the Act,

 415 ILCS 5/18(a) (2002),

and Section 602.102 of the Board Regulations for Public Water

7

Supplies,

35

 Ill. Adm. Code 602.102.

WHEREFORE,

 Complainant, PEOPLE OF THE STATE OF ILLINOIS,

iespectfully requests that the Board enter an order against

Respondent,

 THE FIELDS OF LONG GROVE HOME OWNER’S ASSOCIATION on

this Count

II:

A.

 Authorizing a hearing in this matter at which time the

Respondent will be required to answer the allegations herein;

B.

 Finding that Respondent has violated Section 18(a)

of

the Act,

 415 ILCS 5/18(a) (2002), and Section 602.102 of the Board

Regulations for Public Water Supplies,

 35 Ill. Adm. Code 602.102;

C.

 Ordering Respondent to cease and desist from any

further violations of Sections

 18(a)

 of the Act, 415 ILCS

5/18(a) (2002), and Section 602.102 of the Board Regulations for

Public Water Supplies,

35

 Ill. Adm. Code 602.102;

D.

 Assessing a civil penalty of Fifty Thousan~dDollars

($50,000)

 against Respondent for each violation of the Act and

pertinent regulations, and an additional civil penalty of Ten

Thousand Dollars

 ($10,000)

 for each day of violation;

E.

 Ordering Respondent to pay all costs, pursuant to

Section 42(f)

 of the Act,’ including attorney,

 expert witness,

and

consultant fees expended by the state in its pursuit of this

action; and

F.

 Granting such other relief as the Board deems

appropriate and just.

PEOPLE OF THE STATE OF ILLINOIS,

By LISA MADIGAN,

Attorney General of the State

of Illinois

MATTHEW J. DUNN,

 Chief

Environmental Enforcement

Asbestos Litigation Division

Assistant Attorney Genera

OF COUNSEL:

PAULA BECKER WHEELER

Assistant Attorney General

Environmental Bureau

188 W. Randolph Street,

 20th Floor

Chicago,

IL

60601

(312) 814-1511

CERTIFICATE OF SERVICE

I, PAULA BECKER WHEELER,

 an attorney,

 do certify that I

caused to be served this 18th day of March,

 2004,

 the foregoing

Complaint and Notice of Filing upon the person listed on said

Notice, by Certified Mail.

PAULA BECKER WHEELER